Nestor v. Britt, 16 Misc. 3d 368 (2007)

Citation: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Parent Document: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Jurisdiction: New York (state)
Effective Date: 2007-04-23
Original Source: https://www.courtlistener.com/opinion/6308349/nestor-v-britt/ ↗

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In June 1989, immediately after that renewal lease expired, petitioners brought a second holdover proceeding against respondent. Petitioners again claimed that they intended to use respondent’s triplex apartment as their primary residence. During the proceeding, the Appellate Term issued an interlocutory order requiring Marianne Nestor and a nonparty witness to submit to an examination before trial, striking respondent’s jury demand, and denying respondent’s motion to dismiss on res judicata grounds. (See Nestor v Britt, NYLJ, Apr. 24, 1990, at 22, col 3.) Respondent ultimately prevailed in this holdover proceeding. (See Nestor v Britt, NYLJ, Apr. 18, 1994, at 27, col 3.) The Appellate Division affirmed the Appellate Term’s finding that petitioners brought in bad faith their claim that they needed the apartment for their primary residence. (See Nestor v Britt, 213 AD2d at 255.)

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